I move amendment No. 23:
In page 4, subsection (4), line 29, to delete "1st day of January, 1994" and substitute "date of the passing of this Act".
This relates to when this Bill comes into force. I have the same concerns I expressed when we discussed amendment No. 15a. Has the Minister the same response or a different one?
My reply is basically the same except that this does not affect the High Court case.
Will the Minister read it for the Official Report?
The purpose of section 5 is to deal with a technical legal difficulty which arose earlier this year in the appointment of the governing bodies. Before it left office at the end of 1993 the outgoing governing body made regulations in respect of academic staff elections to positions on the new governing body. These regulations provided that only whole time staff could participate in the election. The regulations were challenged in the High Court by some part time staff in the institute and in March 1994 the court found in favour of these staff.
The effect of the decision was that the regulations made by the outgoing governing body were null and void while at the same time there was then no new governing body to make new regulations. In the absence of regulations the complete governing body could not be appointed and it was not at all certain that an incomplete body could be legally constituted.
In order to escape this "Catch-22 situation" the Minister appointed a governing body, leaving vacancies for those members who would be elected, and asked the governing body to make revised regulations without delay so the vacant positions could be filled. At the same time the Government approved a proposal to seek an amendment to the Regional Technical Colleges Act to cover the position which had arisen.
The section provides, therefore, that where a governing body leaves office without having made valid regulations in respect of elections, the Minister may appoint an incomplete body with vacancies for the members to be elected. The governing body then appointed would be obliged to make the necessary regulations within two months of its appointment; elections must be held and vacant positions filled within another month.
This section applies retrospectively to 1 January 1994, the date on which the new governing body should have taken up office. When appointing the governing body in March this year, the appointment was made retrospective to that date to ensure a continuity in the governance of the institutions. This section would validate the governing body and the decisions made by them.
I propose the following draft report:
The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.
Is that agreed?
Report agreed to.
Ordered to report to the Dáil accordingly.
Before concluding I thank my colleague the former Minister, Deputy Bhreathnach. She had a tremendous interest in these two Bills and I am sure she will be pleased they have now gone through Committee Stage. I again thank all my colleagues, the spokespersons and others who contributed. I thank the Minister and his staff for their co-operation. I give special thanks to the Clerk of the Committee, and to the staff of the Houses.
When is it intended to take Report Stage?
Next Wednesday.
The Dáil will sit on Wednesday. Can we not take Report Stage before that?
That is the earliest possible time. I thank Members for their co-operation, and I thank the Acting Chairman and the spokespersons. I also thank my officials who kept me "between the ditches" and I am pleased to associate myself with the work of the former Minister for Education, Deputy Bhreathnach. It shows how well these two parties combine when they work together and what they can achieve.
The Select Committee adjourned at 1.35 p.m.
